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2001-117-Minutes for Meeting March 28,2001 Recorded 3/30/2001VOL: CJ2001 PAGE: 117 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02001-117 * Vol -Page Printed: 04/05/2001 13:54:13 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Mar. 30,2001; 8:08 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 10 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK Kt PUN ED p - 2001 Owns M y S L, 1' 1 L ui -A ;COUN i Y CLUX 01HAR30 V 8- 08 CJ'a�l-X17 Board of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.deschutes.org Tom De Wolf R. Luke MINUTES OF MEETING DennMi a Daly DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 28, 2001 Present were Commissioners Tom DeWolf, Dennis Luke and Mike Daly. Also present were Mike Maier, County Administrator; Rick Isham and Mark Amberg, Legal Counsel, Ted Schassberger and Jennifer Scanlon, Commissioners' Office; Barry Slaughter, former County Commissioner, two members of the media; and four other citizens. Chair Tom De Wolfopened the meeting at 10: OS a.m. 1. Before the Board was Citizen Input. A. Barry Slaughter and Sue Harliss attended to return to the County some funds ($165,000) that were unused in the remodeling project of the Deschutes County Historical Society building. Commissioner DeWolf said that they did a wonderful job. Sue Harliss stated they are taking a hiatus for a while before beginning work on the second part of the project. B. Jim Schaedler, citizen, reminded the Board that he was before them at a Board meeting earlier in the month to complain about the property he own on South Highway 97 being rezoned from commercial to residential. (At this time he showed the Commissioners some oversized maps.) He said the property was originally in the County, not the City, at the time the rezoning took place. He voiced his concerns and offered his solutions. Mr. Schaedler further stated that the map is dated 1975. He stated that there could be a real issue 'in relation to Measure 7. The property is now listed with a Realtor, whose has advised Mr. Schaedler that the property is worth $8.00 per square feet if it were zoned commercial. Minutes of Board Meeting Wednesday, March 28, 2001 Quality Services Performed with Pride Page I of 10 Pages Mr. Schaedler stated he has been trying to determine when the rezoning action actually took place. He wrote a letter to the County and the City on November 15, 2000, asking for a clarification of when the rezone took place; as yet he has not received a reply. He said that George Read (of Community Development) tried to convince him that there are other potential uses; but they don't have the value of commercial. Mr. Schaedler said that the zoning designation shows up changed on the general plan. Commissioner DeWolf asked if he didn't receive any action of this zone change. Mr. Schaedler said that the State Land Department in Salem said there is nothing on record that this change took place, and that the property was in his family's name at that time. He further said that this might have been a mistake, since his neighbor to the south, Mr. Arntz, had had a conflict with the County at about that time. Commissioner DeWolf asked if he is asking just for a clarification. Mr. Schaedler said he would like to just see it rezoned back to commercial. Commissioner DeWolf said that the County has no authority within the City limits, but can acknowledge that a mistake was made if one was in fact made, and advise the City of the situation. Mr. Schaedler said that he has learned of a mandate from ODOT, regarding the area between Pinebrook and Baker Road, to eliminate private driveways and access to Highway 97. He said this means that when the state comes in to buy the two parcels, they will give him a price based on residential zoning. The difference in value is very large. This happened when Deschutes County had control of the area. Commissioner Luke said Deschutes County cannot change the zoning of the property at this point, as the property is now within the city limits. Mr. Schaedler said that he feels a mistake was made prior to the property being annexed. Commissioner DeWolf said he will investigate this with George Read and someone will get back to Mr. Schaedler next week. Mr. Schaedler said that the City and the County both have the authority to correct a mistake. Commissioner DeWolf said that the County would do its best to address this issue and if a mistake has been made, to correct it. Commissioner DeWolf asked staff to prepare a memo to George Read regarding this situation, attaching the information provided by Mr. Schaedler. Minutes of Board Meeting Page 2 of 10 Pages Wednesday, March 28, 2001 2. Before the Board was the Reading of a Proclamation Declaring April 2 through 8 to be Public Health Week. Chair Tom DeWolf read the Proclamation to the audience. LUKE: Move signature of this Proclamation. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. 3. Before the Board was Consideration of Signature of Resolution No. 2001- 021, Approving the Five -Year Consecutive Property Tax Exemption for All City Glass (Extended Abatement Program). Chair DeWolf said that the City of Redmond has asked that this item be postponed for two weeks. 4. Before the Board was Consideration of Signature of Order No. 2001-032, Canvassing the Results of the Sheriffs Levy. Commissioner Luke said that the percentages show that the Sheriff levy passed in all precincts, and its unfortunate that the total voter turnout wasn't high enough. LUKE: Move signature of Order No. 2001-032. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. 5. Before the Board was Consideration of Signature of Ordinance No. 2001- 016, Adopting the Revised Deschutes County Code in its Entirety. LUKE: Move signature of Ordinance No. 2001-016. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. Minutes of Board Meeting Page 3 of 10 Pages Wednesday, March 28, 2001 6. Before the Board was Consideration of Signature of Resolution No. 2001- 016, Transferring Appropriations within the Deschutes County Business Loan Fund within the Fiscal Year 2000-2001 Deschutes County Budget, and Directing Entries. LUKE: Move signature of Resolution No. 2001-016. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. 7. Before the Board was Consideration of Signature of Resolution No. 2001- 020, Transferring Appropriations within the Deschutes County General Support Services - Legal Counsel Fund, within the Fiscal Year 2000-2001 Deschutes County Budget, and Directing Entries. DALY: Move signature of Resolution No. 2001-020. DEWOLF: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. Before the Board was the Consent Agenda. LUKE: Move signature of the Consent Agenda. DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. Consent Agenda Items: 8. Signature of Order No. 2001-035, Assigning the Name of White Horn Lane to an Unnamed Access Road (Located off Gerking Market Road) 9. Signature of a Declaration of Dedication of a Parcel of Land for Public Roadway Purposes Minutes of Board Meeting Page 4 of 10 Pages Wednesday, March 28, 2001 10. Signature of an Easement for Mid -State Electric Cooperative across County - owned Land within Deschutes River Recreation Homesites Unit 9 11. Signature of Resolution No. 2001-022, Transferring Appropriations within the Deschutes County Community Justice - Juvenile Fund within the Fiscal Year 2000-2001 Deschutes County Budget, and Directing Entries 12. Signature of Resolution No. 2001-015, Transferring Appropriations within the Deschutes County Victims' Assistance Program Fund within the Fiscal Year 2000-2001 Deschutes County Budget, and Directing Entries 13. Signature of Resolution No. 2001-019, Transferring Appropriations within the Deschutes County General Fund - Assessor, within the Fiscal Year 2000-2001 Deschutes County Budget, and Directing Entries 14. Signature of Resolution No. 2001-018, Transferring Appropriations within the Deschutes County General Fund to the Business Loan Fund, within the Fiscal Year 2000-2001 Deschutes County Budget, and Directing Entries 15. Signature of Resolution No. 2001-024, Transferring Surplus Equipment to the State of Oregon Water Resources Department CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11 COUNTY SERVICE DISTRICT 16. Before the Board was Approval of Weekly Accounts Payable Vouchers for the Extension/4-11 County Service District in the Amount of $693.04 (Two Weeks). DALY: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. 17. Before the Board was a Discussion with the Director of 4-H/Extension County Service District regarding a Future Building for the 4-H/Extension County Service District. Minutes of Board Meeting Page 5 of 10 Pages Wednesday, March 28, 2001 Mike Maier said that 4-H/Extension wants to modify the original plans; there are two options for the structure at the Fairgrounds, prefab and stick built. They would like to taper down the building, with the anticipation of holding meetings in the regular meeting rooms. Commissioner DeWolf stated that they can't seem to make up their minds on where they want to be located, and may end up working out of Central Oregon Community College. Mike Maier responded that he recommends that they cut back their plans and get on with building it. They have a grant for $100,000 and need to commit to something soon. Commissioner DeWolf said that the grant would be used for planning and architectural design to begin with; and they may be able to extend the grant in August. He said he can't see why the County should spend additional dollars until they make a decision on where they want to be. Mike Maier added that they are also having their funds drained by paying rent at the present time. Commissioner DeWolf recessed this agenda item until later in the morning. CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 18. Before the Board was Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $78,461.70 (Two Weeks). LUKE: Move approval, subject to review. DEWOLF: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 19. Before the Board was Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,375,715.24 (Two Weeks). Minutes of Board Meeting Page 6 of 10 Pages Wednesday, March 28, 2001 LUKE: Move approval, subject to review DALY: Second. VOTE: LUKE: Aye. DALY: Aye. DEWOLF: Chair votes yes. 20. ADDITIONS to the Agenda: None were offered. At 10:35 a.m., Chair DeWolf called for a brief recess while awaiting the arrival of Tom Wykes of the 4-H/Extension County Service District, at which time Agenda Item #17 will be further addressed. At 10: 50 a. m., Chair Tom DeWolf reconvened the meeting. 17. Continuation of a Discussion with the Director of the 4-II/Extension County Service District Addressing the Need for a Future Building for the 4-H/ Extension County Service District. Commissioner DeWolf stated he is frustrated with the lack of communication with the 4-H/Extension County Service District. He said he doesn't understand why $3,000 should be spent on design work if the possibility exists that the building at the Fairgrounds may never go up. Tom Wykes explained that they are trying to work both tracks at the same time as fast as they can. The track they are taking with Matt Steele is to determine the ramifications of adding on to the North Sisters building, or instead placing their building between other Fairgrounds buildings. He said that Mr. Steele was going to determine the best course of action and the planning process needed. Mr. Wykes said the second track is to continue conversations with COCC about locating there. He also stated that there would be a request to extend the grant program. Commissioner DeWolf said it probably wouldn't be extended, per staff recommendation. It must be done by August. Minutes of Board Meeting Page 7 of 10 Pages Wednesday, March 28, 2001 Mr. Wykes said that COCC would like to see them there but may not be able to accommodate their needs. Extension/4-H wants to own its building and use the COIC grant money as soon as possible; if they don't get the final $200,000, they will have to do without it. COCC will give them the land to use, and COCC would have the first right to buy the building if 4-H/Extension moves out in the future. Commissioner DeWolf asked which is the preference of 4-H members. Tom Wykes replied that they want to work both tracks at this point. Commissioner Luke said that Don Miltenberger and other members of 4-H/ Extension are very frustrated with this process. Commissioner Luke stated that he and they would like for 4-H members to make up their minds what they want to do. He further stated that it is his opinion that many 4-H people would prefer using the Fairgrounds site, where access is convenient and there is lots of parking available. Commissioner DeWolf said one way or another they will get good support. However, he doesn't want to go down two tracks and spend money that way, as it is a waste. Tom Wykes explained that an advisory meeting was held last week, and the group understands the two tracks they are following. Another meeting is scheduled within a month to address it further. Mike Maier asked if they would be a tenant in the COCC facility. Mr. Wykes replied that the County would own the building and lease the land. Mike Maier then said that it takes a long time to get this building process going. It will take another year and cost a lot in rent. Tom Wykes said they don't have all the funding in place for this component of the facility. He further stated that Matt McCoy of COCC would like to see some joint meeting rooms and a common facility between the two wings. Commissioner Luke asked if they will kick in any money for the design work. Mr. Wykes said Jim Jones is working on this; they know that 4-H needs a decision as soon as possible. Commissioner DeWolf said the rent paid out is totally lost revenue. Mr. Wykes explained that the rent is a real problem for them, too. Minutes of Board Meeting Page 8 of 10 Pages Wednesday, March 28, 2001 Commissioner Luke observed that 4-H faces losing grant funds if it doesn't act quickly. Mr. Wykes said the question regarding the Fairgrounds location is whether they will utilize the original site or add to the North Sisters building. Commissioner Luke stated that he always thought the building would be stand-alone. Mr. Wykes replied that there were three possibilities: the site originally designated; a site close to the barbeque pits; and a site close to, or attached to, the North Sisters building. Commissioner DeWolf said the County can do what's needed, but the Commissioners don't want to go this direction if that's not what 4-H will ultimately want to do. He said he can be a strong advocate for 4-H, but needs to know what is happening; they need to make a decision as soon as possible. He further explained that if they are waiting for COCC, perhaps that indicates the preference of 4-H. If 4-H prefers the Fairgrounds site, the County will make it work. He said that he can't justify the money going to Mr. Steele unless the 4-H members know what they want to do. He further explained that it is unknown where Oregon State University will even be able to get the money they need for their Central Oregon branch in the near future. There's a potential that this may not happen at all, or won't happen quickly; and no one will know for sure until June. He said the 4-H members can't wait that long to decide which direction they want to go. Mike Maier said that another year down the road would end up costing a lot more money. Commissioner DeWolf stated that the CIB can only extend the grant for a few months; and it has already been extended through August. Mr. Wykes replied that if they get this process done by the end of August, they can work with them. He said they think COCC can get back to them by that time. Commissioner DeWolf said he thinks CIB should be postponed as long as possible. He further stated that 4-H needs to make a firm decision, and then CIB could make theirs. He suggested that perhaps they can make the money last through September; but going down two tracks is a problem. Tom Wykes replied that the 4-H members will need to make a decision before mid-June. He said he would speak with them again within a month. Minutes of Board Meeting Page 9 of 10 Pages Wednesday, March 28, 2001 Being no further agenda items offered, Chair Tom De Wolf closed the meeting at 11: OS a.m. DATED this 28th Day of March 2001 for the Deschutes County Board of Commissioners. Tom DeWolf, Chair s R. Luke, Commissioner ATTEST: Mi hae M. Daly, ommissioner Recording Secretary Minutes of Board Meeting Page 10 of 10 Pages Wednesday, March 28, 2001